Bill Text: CT HB05062 | 2014 | General Assembly | Comm Sub

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Bill Title: An Act Concerning The Removal Of Individuals From The State Child Abuse And Neglect Registry.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed - Dead) 2014-05-02 - File Number 737 [HB05062 Detail]

Download: Connecticut-2014-HB05062-Comm_Sub.html

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General Assembly		Raised Bill No. 5062
February Session, 2014		LCO No. 180
		*_____HB05062JUD___031114____*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING THE REMOVAL OF INDIVIDUALS FROM THE STATE CHILD ABUSE AND NEGLECT REGISTRY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 17a-101k of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) The Commissioner of Children and Families shall maintain a registry of the commissioner's findings of abuse or neglect of children pursuant to section 17a-101g that conforms to the requirements of this section. The regulations adopted pursuant to subsection [(i)] (j) of this section shall provide for the use of the registry on a twenty-four-hour daily basis to prevent or discover abuse of children and the establishment of a hearing process for any appeal by a person of the commissioner's determination that such person is responsible for the abuse or neglect of a child pursuant to subsection (b) of section 17a-101g. The information contained in the registry and any other information relative to child abuse, wherever located, shall be confidential, subject to such statutes and regulations governing their use and access as shall conform to the requirements of federal law or regulations. Any violation of this section or the regulations adopted by the commissioner under this section shall be punishable by a fine of not more than one thousand dollars or imprisonment for not more than one year.

(b) Upon the issuance of a recommended finding that an individual is responsible for abuse or neglect of a child pursuant to subsection (b) of section 17a-101g, the commissioner shall provide notice of the finding, by first class mail, not later than five business days after the issuance of such finding, to the individual who is alleged to be responsible for the abuse or neglect. The notice shall:

(1) Contain a short and plain description of the finding that the individual is responsible for the abuse or neglect of a child;

(2) Inform the individual of the existence of the registry and of the commissioner's intention to place the individual's name on the registry unless such individual exercises his or her right to appeal the recommended finding as provided in this section;

(3) Inform the individual of the potential adverse consequences of being listed on the registry, including, but not limited to, the potential effect on the individual obtaining or retaining employment, licensure or engaging in activities involving direct contact with children and inform the individual of the individual's right to administrative procedures as provided in this section to appeal the finding; and

(4) Include a written form for the individual to sign and return, indicating if the individual will invoke the appeal procedures provided in this section.

(c) (1) Following a request for appeal, the commissioner or the commissioner's designee shall conduct an internal review of the recommended finding to be completed no later than thirty days after the request for appeal is received by the department. The commissioner or the commissioner's designee shall review all relevant information relating to the recommended finding, to determine whether the recommended finding is factually or legally deficient and ought to be reversed. Prior to the review, the commissioner shall provide the individual access to all relevant documents in the possession of the commissioner regarding the finding of responsibility for abuse or neglect of a child, as provided in section 17a-28.

(2) The individual or the individual's representative may submit any documentation that is relevant to a determination of the issue and may, at the discretion of the commissioner or the commissioner's designee, participate in a telephone conference or face-to-face meeting to be conducted for the purpose of gathering additional information that may be relevant to determining whether the recommended finding is factually or legally deficient.

(3) If the commissioner or the commissioner's designee, as a result of the prehearing review, determines that the recommended finding of abuse or neglect is factually or legally deficient, the commissioner or the commissioner's designee shall so indicate, in writing, and shall reverse the recommended finding. The commissioner shall send notice to the individual by certified mail of the commissioner's decision to reverse or maintain the finding not later than five business days after the decision is made. If the finding is upheld, the notice shall be made in accordance with section 4-177 and shall notify the individual of the right to request a hearing. The individual may request a hearing not later than thirty days after receipt of the notice. The hearing shall be scheduled not later than thirty days after receipt by the commissioner of the request for a hearing, except for good cause shown by either party.

(d) (1) The hearing procedure shall be conducted in accordance with the procedures for contested cases pursuant to sections 4-177 to 4-181a, inclusive.

(2) At the hearing, the individual may be represented by legal counsel. The burden of proof shall be on the commissioner to prove that the finding is supported by a fair preponderance of the evidence submitted at the hearing.

(3) Not later than thirty days after the conclusion of the hearing, the hearing officer shall issue a written decision to either reverse or uphold the finding. The decision shall contain findings of fact and a conclusion of law on each issue raised at the hearing.

(e) Any individual aggrieved by the decision of the hearing officer may appeal the decision in accordance with section 4-183. Such individual may also seek a stay of the adverse decision of the hearing officer in accordance with subsection (f) of section 4-183.

(f) Following the issuance of a decision to uphold the finding and absent any stay of that decision issued by the commissioner or the court, the commissioner shall accurately reflect the information concerning the finding in the child abuse and neglect registry maintained pursuant to subsection (a) of this section and shall, in accordance with section 17a-101g, forward to any agency or official the information required to be disclosed pursuant to any provision of the general statutes.

(g) Any individual against whom a finding of abuse or neglect was substantiated prior to May 1, 2000, and who has not previously appealed such finding, may appeal such finding as provided in this section.

(h) Records containing unsubstantiated findings and records relating to family assessment cases shall remain sealed, except that such records shall be made available to department employees in the proper discharge of their duties and shall be expunged by the commissioner five years from the completion date of the investigation or the closure of the family assessment case, whichever is later, if no further report is made about the individual subject to the investigation or the family subject to the assessment, except that if the department receives more than one report on an individual subject to investigation or a family subject to assessment and each report is unsubstantiated, all reports and information pertaining to the individual or family shall be expunged by the commissioner five years from the completion date of the most recent investigation.

(i) (1) Any individual whose name has been placed on the state child abuse and neglect registry pursuant to this section may file an application with the Department of Children and Families, on such form as the department prescribes, for removal of such individual's name from the registry, except that no individual may file such application if such individual is required to register as a sexual offender with the Commissioner of Emergency Services and Public Protection. The department shall include in such application form a provision that allows the applicant to indicate good cause for removing the applicant's name from the registry and a provision under which the applicant shall indicate, under penalty of false statement, whether the applicant is required to register as a sexual offender with the Commissioner of Emergency Services and Public Protection. Such good cause for removing the applicant's name from the registry shall include, but need not be limited to:

(A) The rehabilitation of the applicant, as demonstrated by: (i) The applicant's personal conduct, (ii) the absence of a criminal conviction for any conduct related to a family member of the applicant or a child during the five-year period prior to the date of the application, (iii) the absence of a criminal conviction for violent conduct, as determined by the commissioner, related to any person other than a family member of the applicant or a child during the five-year period prior to the date of the application, (iv) the absence of a conviction under section 53-247 during the five-year period prior to the date of the application, and (v) the letters in support of the application that are required under subparagraph (D) of this subdivision;

(B) The applicant's acceptance of personal responsibility for actions and omissions that resulted in the applicant's name being placed on the registry;

(C) A bona fide need for removal of the applicant's name from the registry, such as the applicant's need to obtain or retain employment or licensure or engage in activities involving direct contact with children; and

(D) At least two letters in support of the application, each from a person with knowledge of the applicant's successful rehabilitation, such as a licensed physician or mental health professional.

(2) Such application may be filed not earlier than five years after the date of the final decision, as defined in section 4-166, that resulted in the placement of the applicant's name on the registry.

(3) The Commissioner of Children and Families may approve such application upon finding (A) good cause, and (B) the applicant is not required to register as a sexual offender with the Commissioner of Emergency Services and Public Protection. Upon approving such application, the commissioner shall accurately reflect the information concerning the finding in the child abuse and neglect registry maintained pursuant to subsection (a) of this section. If the commissioner denies such application, the applicant shall be entitled to a hearing and appeal therefrom in accordance with subsections (d) and (e) of this section.

(4) Nothing in this subsection shall prevent an individual from filing an application under this subsection, or prevent the commissioner from approving an application filed under this subsection, if such individual has at any time been required to register as a sexual offender with the Commissioner of Emergency Services and Public Protection, but is no longer required to register as a sexual offender on the date of application.

(5) Upon the request of the Commissioner of Children and Families, the Commissioner of Emergency Services and Public Protection shall provide such information to the Commissioner of Children and Families as the Commissioner of Children and Families requires to verify whether an applicant is required to register as a sexual offender with the Commissioner of Emergency Services and Public Protection.

(6) Any applicant whose application is denied after a final decision, as defined in section 4-166, may file a new application in accordance with subdivisions (1), (2) and (4) of this subsection not earlier than two years after the date of such final decision, provided such application indicates good cause that has occurred since the date of the final decision and such person is not required to register as a sexual offender with the Commissioner of Emergency Services and Public Protection.

[(i) Not later than July 1, 2006, the] (j) The Commissioner of Children and Families shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2014	17a-101k

JUD

Joint Favorable